United States v. Green, 2019 U.S. Dist. LEXIS 218043 (W.D. Mo. Dec. 19, 2019)
The Court agrees with Judge Whitworth’s analysis in all respects. Regarding the first issue, the police did not “seize” the package until after the dog alerted to the presence of drugs. It was not a seizure to remove the package from the FedEx conveyor belt, carry it 200 feet to the back of the warehouse, and subject it to a dog sniff. This was in accordance with FedEx’s established procedures and requirement that dogs not be around the conveyor belt. As a result, FedEx did not lose custody of the package until the police left with it, and it is apparent from the record that delivery would not have been delayed if the dog sniff had been negative. United States v. Zacher, 465 F.3d 336 (8th Cir. 2006) (no seizure unless FedEx lost custody or delivery was delayed) (relying on United States v. Va Lerie, 424 F.3d 694, 696 (8th Cir. 2005) (en banc) (not a seizure to remove checked luggage from a bus because it did not delay the passenger’s travel, significantly impact his freedom of movement, deprive the bus company of custody of the luggage, or delay its delivery)).
